Spreading Herpes Could Result In Assault Charges In Ohio
Two consenting adults having sex is generally not cause for criminal charges. However, if you have herpes or another STD and fail to inform your partner, you could be charged with assault.
Ohio Revised Code §2903.13 defines assault as knowingly causing or attempting to cause another person physical harm. So, how could having herpes result in an assault charge?
First, you have to know that you have herpes and engage in sex with another person. The law does not require that you intentionally try to give herpes to another person. It only requires that you knowingly have sex with another person.
Knowingly means that you had sex with another person when you knew you had herpes and that you could cause harm to that person by giving them herpes, but you choose to have sex without informing the person of the risk.
It does not matter whether the person caught herpes from having sex with you. An assault charge does not require you to cause physical harm. You can be charged with assault because you attempted to cause physical harm.
Having unprotected sex when you know you have herpes without telling your partner may be sufficient for a jury to find you attempted to cause harm.
What Should I Do If I Am Arrested For Transmitting An Std
The state must prove each legal element of the criminal charge against you to obtain a guilty verdict. The prosecutor has the burden of proving you are guilty beyond a reasonable doubt. However, that does not mean you should not defend yourself.
You have the right to legal counsel. As soon as possible, contact a criminal defense lawyer to discuss your case. Potential defenses could include:
- You were not aware that you had herpes or another sexually transmitted disease
- You did not engage in sexual conduct with the alleged victim
- You disclosed your STD to the alleged victim before engaging in any sexual conduct
- You have been falsely accused of transmitting an STD
- The police officers violated your civil rights
If the police arrest you for transmitting herpes or another STD, do not resist arrest that could lead to additional criminal charges. Instead, exercise your right to remain silent except for asking for a lawyer.
It is not in your best interest to talk to the police or a prosecutor without a lawyer present. They already believe you are guilty, so you cannot talk your way out of an arrest.
If you are released on bail, do not contact the alleged victim or their family or friends. Instead, stay away from the alleged victim and let your attorney handle matters. Your best chance of beating the criminal charges is to listen to your attorney and follow their legal advice.
How Can I Defend Myself If Im Arrested For Giving Someone An Std
The state has to prove that youre guilty of a crime. You have the right to defend yourself. A strong defense will make the prosecutors job much more difficult. Defenses that might be appropriate include:
- You didnt know that you had an STD
- You disclosed the fact that you had an STD to your partner
- You didnt engage in any sexual conduct
- Youve been falsely accused.
You can also argue to have evidence in your case excluded if your rights have been violated. Working with an experienced criminal defense lawyer can help you get the best result.
To learn more, call our Dayton criminal defense law firm at or visit our contact us page to send us an email.
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By Erin Danly
Getting or transmitting a sexually transmitted disease is not only a health matter it could be a legal matter, too. Though laws vary greatly from state to state, most states have laws regarding the disclosure of health status, the transmission of STDs, and the handling of confidential medical information. Read on to find out more.
You may face criminal charges for passing an STD to someone else.
Compared to a civil case, a successful criminal case requires more substantial evidence. In many states, punishments include jail time and high fines.
You may face civil charges for passing an STD to someone else.
Related: Can you get sued for an STD?
Even if you used protection, you can be sued.
Read Also: Does Genital Herpes Go Away On Their Own
Minimizing The Risk Of A Lawsuit Against You
Following these simple rules will lessen the chance that youâll be sued because of an STD:
âThe number of lawsuits arising from â¦.herpes transmission is on the riseâ
- Take the common, readily available steps to find out if you have any STDs. Get tested regularly. Itâs a good idea to follow CDC recommendations, which are the standard of care for US physicians, with respect to STD testing
- Be truthful. Tell your sexual partner about your sexual health
The Dangers Of Genital Herpes
Genital herpes may cause painful ulcers that can be severe and persistent in patients. Both HSV-1 and HSV-2 can also cause rare but serious complications such as aseptic meningitis . Development of extragenital lesions may occur during the course of infection.
Many people who contract HSV-2 have concerns about how it will impact their overall health, sex life, and relationships. There is significant mental trauma that comes with a diagnosis of Herpes. Considerable embarrassment, shame, and stigma associated with a herpes diagnosis often times severely interferes with a patients psyche.
Pregnant women face additional dangers from genital herpes, as HSV-2 can be passed on to their baby during childbirth.
Recommended Reading: Can Herpes 1 Be Treated
What Should You Do If You Are Arrested For An Std
If you are arrested on an STD-related assault charge, do not answer questions or provide a statement to the police. The police may pressure you to explain what happened. An officer may threaten you with a blood test against your will.
Do not be a victim of aggressive police tactics. Exercise your legal right to remain silent except for asking for an attorney. By talking to the police, you provide additional evidence they could use against you in court.
If you have been released from jail, contact a criminal defense attorney as soon as possible. An attorney can provide additional guidance on things you should and should not do as you prepare a defense to the assault charges.
Do not contact the alleged victim or attempt to contact the victim through a third party. Contacting the alleged victim after being released from jail could result in additional criminal charges.
Begin gathering evidence that can help prove that you did not know that you had herpes, you do not have herpes, or that the sexual encounter was consensual after you informed the person you had herpes. Text messages, social media posts, and other written evidence that the person knew you had herpes could be helpful in your defense.
Can I Sue Someone For Giving Me An Std
Victims can file civil lawsuits against the person who gave them an STD. Those lawsuits have to show that the infected person:
- has an infectious STD,
- did not disclose it to a sexual partner,
- did nothing to prevent its transmission, and
- could reasonably foresee the potential for harm.7
In California, civil lawsuits for compensation have been filed when the victim suffered:
- Herpes simplex,8 and
Legal references:
Also Check: How To Get Rid Of Herpes Discharge
Facts About The Herpes Simplex Virus
Although there are many forms of the herpes simplex virus, only two types are typically involved in sex torts litigation: HSV-1 and HSV-2. HSV-1 is commonly referred to as oral herpes because outbreaks of HSV-1 have historically appeared primarily on the face, lips and mouth. HSV-2 is commonly known as genital herpes because outbreaks of HSV-2 have historically appeared on or around the genital area. With the expansion of various sexual practices, such as oral sex, the common designation of the herpes infection as oral or genital based on the location of the outbreak is less accurate. It is more common to find HSV-1 infections appear in the genital area and HSV-2 infections in or around the mouth and lips.
Herpes is a viral infection characterized by recurring outbreaks of small, fluid-filled, painful blisters/lesions on the affected skin or mucous membranes. The initial outbreak of an HSV infection is typically the most severe characterized by an outbreak of very painful blisters/lesions, flu-like symptoms, such as fever and body aches, and in more severe cases it may cause difficulty urinating requiring hospitalization. The outbreaks typically reduce in severity and frequency over time, but the course of the infection varies from person to person.
Approximately 16% of the population between the ages of 14-49 are infected with HSV-2. HSV-2 is more common among women than men . The total number infected is higher when HSV-1 is included.
Transmission
What Is Intentional Exposure To A Std
Intentional exposure to a STD refers to a partner intentionally exposing their sexual partner to a disease. This means the individual knew that he or she was infected and intentionally gave the disease to their partner.
In many states, a partner has a duty to warn all of their sexual partners about any STDs that they have contracted. To successfully sue for intentional exposure to a STD, a plaintiff must prove that the partner:
- Knew or should have known they had the STD
- Did not give notice to the plaintiff and
- Knew the sexual contact could transmit the STD.
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Wife Infected With Herpes From Cheating Husband Awarded $249 Million
Time and again, courts have decided that if someone is infected, aware of it and is sexually active, that person has a duty to inform a partner. Indeed, in November of 2010, less than two years after Behr’s victory, a Los Angeles court awarded $2.49 million in damages to a woman infected with herpes by an unfaithful husband.
“I think that the juries acknowledged the severity of the STD transmission and what that means — the kind of impact that has on an individual for the rest of his or her life personally and socially,” said David Baron, a partner with Slovak, Baron & Empey LLP, the law firm that represented both Behr and the wife awarded nearly $2.5 million in November.
If it looks as though only the rich and famous are targets for herpes lawsuits, that may be because such cases are rarely settled by insurance companies. As such, victims seeking compensation for medical bills or physical pain from partners who deliberately failed to disclose their diseaes, are likely to end up with nothing unless that partner has deep pockets.
But this is not easy money. Court proceedings for lawsuits like Behr’s can be a grueling process.
“People’s sexual history is dragged out . Opposing counsel is going to scour the playing field to find previous partners find any other partners that had this disease to raise the specter of doubt,” said Baron.
Despite the embarrassment, the cases send a strong message that staying mum about sexual diseases is a bad and potentially costly decision.
Having Sex Without Disclosing That You Have Hiv Is A Felony
If you have sex without telling your partner that you have HIV, you could potentially face charges for aggravated assault, assault with a dangerous weapon, or even attempted murder. These are all felony offenses. If convicted, you can face multiple years behind bars and be required to pay substantial fines.
Aggravated Assault and Assault With a Deadly Weapon: Can be charged as a fourth-degree felony or third-degree felony .
Attempted Murder: Can be charged as a first-degree felony, which carries a sentence of between three and 11 years in prison.
Recommended Reading: Why Do I Get So Many Herpes Outbreaks
Can You Sue Someone For Giving You An Std
Contracting an STD from your partner is probably the last thing youd want to have happen. Not only will it likely strain your relationship, but now youve got to deal with the disease itself.
If youve contracted an STD, can you sue the partner that gave it to you? While each states laws may vary to a degree, there are legal actions you can take against your partner.
In this article, well examine the question of can you sue someone for giving you an STD? in greater detail. Well look at some of the legal recourse and factors to consider if you ever contract an STD from someone.
Defenses To Assault Charges Involving Sexually Transmitted Diseases
If you are arrested on assault charges related to giving someone herpes or another STD, the state must prove the legal elements of assault to obtain a guilty verdict. In other words, the state must prove that you:
- Knew that you had herpes or another STD and,
- You had sexual contact with another person without informing that person that you had herpes or another STD.
The state does not need to prove that you intentionally tried to give someone herpes. It is sufficient for the state to prove that you knowingly had sexual contact with another person while you had herpes or another STD. Therefore, if you can prove that you did not know you had herpes at the time you had sex with the alleged victim, the assault charges could be dismissed.
It would not be a defense if the person did not contract herpes. Assault includes the attempt to cause harm to another person. Therefore, knowingly having sex with someone when you have herpes could be enough for an assault conviction.
You may also avoid an assault conviction if you can prove that the person knew you had herpes and consented to have sexual contact with that knowledge. Another defense could be that you were forced to engage in sexual conduct against your will.
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Can I Sue Someone For Giving Me Hsv
Hello, I am a licensed attorney with JustAnswer and I will be happy to help you with this. Please keep in mind that this conversation is for informational purposes only and does not establish an attorney client relationship.
Just a few quick things before we get started:
- Im sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly
- We are transitioning to a new system to better serve you, so there may be a slight delay in my responses. Your patience is greatly appreciated.
- Please note that you might be offered a phone call during our conversation. These phone call offers are generated automatically by the computer. If you would like a phone call I would be happy to provide one.
Please wait one moment while I review this matter for you.
Did this person know that they had it when they gave it to you?
Did they tell you about it before they gave it to you?
First of all, I am very sorry to hear that you were treated this way. I will do everything I can to help you with this.
If someone knowingly exposes you to HSV-1 without your consent then yes, you can sue them for your damages.
In order to do this you will need to hire a local attorney, because filing a lawsuit is not a service we can provide through this website. However, I would be happy to assist you in connecting with a local attorney. The good news is that hiring an attorney for this type of work will not cost you anything.
Dangers/issues With Filing A Lawsuit By Yourself
The downside of suing someone for giving you herpes by yourself is that it is easy to make mistakes. As mentioned above, there are many legal steps to filing a lawsuit, and each step needs to be done in proper order.
Additionally, each step requires paperwork that needs to be filed promptly. If you fill out the wrong forms or make an error, you will not be refunded for filing fees. You will also need to do the work again, including paying more fees. This can not only cost a lot of money, but it can make it seem like you do not have much of a case.
If the person you are accusing has professional help, they might be able to throw the case out entirely rather than wait for you to fix any errors.
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